Before action is taken to abate a violation to this Zoning Code or any violation to an ordinance or other policies of the city, a final warning notice shall be served personally or by certified mail with return receipt required to the owner of record of the property, or to the property owner or association, as applicable, and a period of five (5) business days shall be given from the date of the notice indicated by the date on the letter. Failure to receive such notice when proof of delivery to the correct address has been provided by the U.S. post office shall not forestall enforcement action under this provision.

Unless this notice is appealed, pursuant to requirements of this Zoning Code within ten (10) days of the posting of the final warning, the city may proceed to abate the violation in accordance with city policies and procedures.

The administrator shall keep an account of the direct and indirect cost incurred by the city in the abatement of any violation. The administrator shall forward a bill for collection to the violator or association, and to the owner of record of the property specifying the nature and costs of the work performed. Direct and indirect costs shall include, but not be limited to, the actual expenses and costs to the city in the preparation of the notices, specifications and contracts, actual physical abatement processes, work inspection, and interest from the date of completion at the rate prescribed by law for delinquent real property taxes.

The responsibility for payment of the charges for abatement as set out in this section shall rest solely upon the owners of the property upon which the abatement occurred, or the property owners’ association, as applicable. Such charges shall become a lien upon the real property or properties upon which the violation was located or upon properties associated with the property upon which the violation was located. The lien shall be subordinate to all existing special assessment liens previously imposed upon the same property and shall be paramount to all other liens except for state or municipal property taxes, with which it shall be upon a parity. The lien shall continue until the charges and all interest due and payable thereon are paid.

Any person, firm, corporation, agent, or employee who violates any of the provisions of this Zoning Code shall be fined according to the resolution of the city council, as amended from time to time. A fine or penalty for violation of a Zoning Code regulation shall not exceed two thousand dollars ($2000.00).

The city may seek an affirmative injunction to require the demolition or removal of a structure, or to allow the city to demolish or remove a structure and recover costs against the landowner, pursuant to the provisions of State of Texas law.